Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3209 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
BA1 No.1856 of 2025 Hon’ble Alok Mahra, J.
Mr. D.C.S. Rawat and Mr. Prince Chauhan, Advocates for the applicant.
Mr. Shobhit Saharia, Advocate for the respondent.
2. This first bail application has been moved by the applicant seeking regular bail in NDPS Case No.4/2025, NCB Crime No.III/NCB/DDN/SEIZ/4/2025, registered at Police Station NCB, Sub Zone, Dehradun, under Section 8/21(b) & 29 of N.D.P.S. Act.
3. As per the prosecution case, one Smt. Pummy Singh was apprehended at Railway Station, Dehradun on 31.05.2025 and from her possession, 100.65 grams of Heroin was allegedly recovered. In her confessional statement, she disclosed that the said contraband was purchased from the present applicant and one Abu Hurera, both residents of District Barabanki, State of Uttar Pradesh. It has further been alleged that a sum of ₹10,07,250/- was paid by her and her family members to the applicant through UPI transactions during the period from 03.09.2024 to 15.02.2025 for purchase of the said contraband.
4.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case; he has no criminal antecedents and is in judicial custody since 11.09.2025. It is further submitted that the case against the applicant is based solely on the confessional statement of co-accused, which has limited evidentiary value. Reliance has been placed upon the judgment of the Hon’ble Supreme Court in Narcotics Control Bureau Vs. Kashif, reported in (2024) 11 SCC 372, wherein it
2026:UHC:3209 has been held that non-compliance of mandatory provisions and procedural irregularities under the N.D.P.S. Act are relevant considerations while adjudicating bail applications, notwithstanding the rigours of Section 37 of the Act.
5. It is contended by learned counsel for the applicant that the co-accused, Smt. Pummy Singh, has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 02.09.2025 passed in BA1 No. 1574 of 2025, and therefore, the present applicant is entitled to bail on the ground of parity. It is lastly submitted that the applicant undertakes not to misuse the liberty of bail and shall cooperate in the trial.
6. Per contra, learned counsel for the respondent has vehemently opposed the bail application and has drawn the attention of this Court to the supplementary affidavit, wherein the bank statement of the applicant has been placed on record to demonstrate substantial monetary transactions, including repeated deposits and withdrawals which, according to the prosecution, corroborate the allegations of illicit trafficking.
7. In rejoinder, learned counsel for the applicant submits that the applicant is engaged in operating a “mini bank” and the transactions reflected in the bank account pertain to such business activities and are not connected with any alleged illegal trade.
8. Having considered the rival
submissions advanced by learned counsel for the parties, perused the material available on record, and taking into account the nature of accusation, the period of incarceration, absence of criminal history, the evidentiary value of the material relied upon by the prosecution at this stage, as well as the fact that the co-accused has already been granted bail, this Court is of the considered opinion that the applicant
2026:UHC:3209 has made out a case for grant of bail. The bail application is allowed.
9. Let the applicant-Mohammad Aamir be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned, subject to the following conditions:
(i) The applicant shall attend the trial Court regularly, and, he will not seek any unnecessary adjournment.
(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of this case.
(iii) The applicant shall not leave India without any prior permission of the trial Court.
It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the complainant/ informant will be free to move the court for cancellation of bail.
(Alok Mahra, J.)
28.04.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987 446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.29 10:09:18 +05'30'